Supreme Court of India

Dwarika Prasad v. State of Uttar Pradesh and Ors.

Neutral citation
Bench Dipak Misra, A. M. Khanwilkar and Dr. D. Y. Chandrachud JJ.
Decided 6 March 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, save and except for the above direction to refund Rs 7,00,000 with interest, we find no merit in the appeal.

Judgment, page 7

From the headnote

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s. 13 (8) – Right to redemption – Extinguishment of – Held: s. 13(8) mandates that it is only where the dues of the secured creditor are tendered together with costs, charges and expenses before the date fixed for sale or transfer that the secured asset is not to be sold or transferred – On facts, appellant guarantor to sanctioned loan, created an equitable mortgage in respect of immovable property and the said property was auctioned by the bank – Appellant was aware of the proceedings…

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